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Committee advances discovery-data protections bill after stakeholder negotiations
Summary
Senate File 325 as amended adds a restricted-data marking for certain discovery material, a knowing-dissemination misdemeanor, and other procedural limits; ACLU and other stakeholders said principal concerns were largely addressed and the committee recommended the bill to the Finance Committee.
Sen. Koran presented Senate File 325 and an A3 amendment intended to narrow how discovery materials that contain sensitive personal data may be used and disseminated. Key changes included specifying the data is produced in the discovery process, requiring conspicuous marking as restricted, and creating a misdemeanor penalty for knowing dissemination or publication of marked material in certain circumstances.
"We have included the word ‘discovery process’ to protect journalists, court observers and individuals who are not part of discovery," said a stakeholder (Mr. Boulder) who signed a letter on behalf of civil-rights organizations. He said the group had not gotten every change it sought but believed the lines in question had been satisfactorily addressed.
Committee counsel and other witnesses said the criminal penalty was intended to match a knowing standard similar to criminal offenses, and the bill was not intended to foreclose civil remedies. Several senators praised the compromise after years of effort to balance defendants' access to information with privacy and safety concerns.
After discussion the committee adopted the A3 amendment and recommended Senate File 325 as amended to the Finance Committee.
